State v. . Bryant
Supreme Court of North Carolina
The defendant was tried at the last Term of the Superior ■ Court for the County of Wayne, before his Honor, Clarice, J., upon an indictment for an assault and battery upon one Oogdell.
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The defendant was tried at the last Term of the Superior ■ Court for the County of Wayne, before his Honor, Clarice, J., upon an indictment for an assault and battery upon one Oogdell. It appears in evidence that a hog was stolen from the defendant’s employer, and that the defendant suspecting that Cogdell was the thief, went to his house and charged him with the offence, but he denied it and attempted to run. •off, when the defendant, after ordering him four times to' stop, shot him. The stolen hog was found in Oogdell’s house, partly cleaned and cut up, his wife and children being the ■only…
1Opinion of the CourtReade, J.
The defence is put upon the ground, that a felony had been committed to the knowledge of the defendant ; that he, a private person, had the right, without a warrant, to arrest the felon; that the felon fled to prevent Arrest, and that the defendant shot him to prevent his ^escape.
It is the duty of every sworn officer, and the privilege of every private person, to prevent the commission of crime,, and to arrest the felon when crime has been committed,
k The right of a private person to arrest without warrant, grows out of the importance of bringing offenders to trial, and the danger of escapes,…
2Cited by32 opinions
- Tennessee v. GarnerSupreme Court of the United States · 1985
- Candi Ryder v. The City of Topeka and Michael MeyerCourt of Appeals for the Tenth Circuit · 1987
- State v. MobleySupreme Court of North Carolina · 1954
- Schumann v. McGinnSupreme Court of Minnesota · 1976
- State v. . DunningSupreme Court of North Carolina · 1919
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